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EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF ROSEVILLE Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Roseville, County of Ramsey, Minnesota, was held on the 30th day of January, 2006 at 6:00 p.m. The following members were present: Klausing, Pust, Ihlan, and Maschka and the following were absent: Kough Council Member Pust introduced the following resolution and moved its adoption: RESOLUTION NO. 10373 A RESOLUTION APPROVING THE VACATION OF CERTAIN PUBLIC EASEMENTS ON PROPERTY LOCATED AT 2361 & 2335 HIGHWAY 36 (PF3703) WHEREAS, Bonten, Inc. has requested the VACATION of CERTAIN PUBLIC EASEMENTS that lie on their property; and WHEREAS, Bonten, Inc. is located at 2361 and 2335 Highway 36 and are owners of the properties addressed at 2357,2363 and 2369 Fulham Street; and WHEREAS, the Public Works Department has determined that the existing easements will no longer be affective based on the approved storm water management pond redesign and therefore unnecessary in their current configuration! description; and WHEREAS, the Roseville Planning Commission held a public hearing regarding the EASEMENT V ACA TION requested by Bonten, Inc and voted (4-0) to recommend approval of vacating certain easements based on the information contained in Section 4 and 5 and the condition of Section 9 of the project report dated January 4, 2006 NOW THEREFORE BE IT RESOLVED, by the Roseville City Council, to grant the VACATION of certain PUBLIC EASEMENTS on property addressed at 2361 & 2335 Highway 36 and 2357,2363 & 2369 Fulham Street, based on the information contained in Section 4 and 5 of the project report dated January 30, 2006, and subject to the following conditions: 1. There is no decrease in the Fulham Pond storage volume after reconstruction due to the proposed reconfiguration of this storm water pond. 2. An easement agreement MUST be executed between the City and Bonten, Inc. regarding the construction of an office building over a public utility easement, prior to the approval of the EASEMENT VACATION request. Conditions to be addressed by this agreement are indicated in Section 4.4 and 4.6 above. 3. A Public Improvement Contract MUST be executed for the proposed public improvements necessary to reconfigure the pond and storm water utilities, prior to the approval of the EASEMENT V ACA TION request. 1